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Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)
....rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ...... accuseds thus law will prescribe joint possession of the arms under sections 19(a) and 19(f) of the Arms Act………………………(5) Lawyers Involved: MA Wahab Miah, Advocate instructed by Mrs. Azra Ali, Advocate-on-Record&......rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ..Category: Criminal Law | Date: | Hits: 54
Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ...... arrest warrant was issued on complaint specifically when some of the accused on bail granted earlier remained absent and prayed for adjournment on that date………(4) Lawyers Involved: Md. Hannan, Senior Advocate instructed by Md. Maul Hoque, Advocate-on-Rec......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ..Category: Criminal Law | Date: | Hits: 61
....l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......n confirmed the issuance of sale certificate in favour of the auction- purchaser cannot be withheld by parties not connected with the mortgage suit or with the mortgage execution case……..(6)
Lawyers Involved:
Md. Aftab Hossain, Advocate-on-Record — For the Petitioner (In Civil Petitio......hidul Hossain Chowdhury and others …………………Respondents
Judgment
February 25, 1998.
Result:
Both the petitions are dismissed.
The Code of Civil Procedure, 1908 (V of 1908) Order XXI, rule 90
The learned Judges of the High Court Division correctly held that auction sal..
Category: Property Law | Date: | Hits: 85
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
.... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ......er 47, rule 1 of the Code of Civil Procedure. The court cannot sit over its own judgment on re-hearing of the same points already decided without any new materials……..(8) Lawyers Involved: Amir-ul-Islam, Senior Advocate, Supreme Court, instructed by Md Sajjadul ...... Judgment November 8, 1998. The Emergency Requisition of Property Act, 1948 (XIII of 1948) Section 5(1a) (3) Review may be granted only for sufficient grounds akin to those of Order 47, rule 1 of the Code of Civil Procedure. The court cannot sit over its own judgment on re-..Category: Property Law | Date: | Hits: 69
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....dated 10-9-96 and submits that this Notification has the precision of rules. It affects the entire body of Class-III and Class-IV employees of the Government. It has the approval of the then Chief Martial Law Administrator who had the rule making power at that time, the Notification dated 10-9-9......……………….(11) Cases Referred to- Bangladesh vs Shafiuddin Ahmed 50 DLR (AD) 27; Pakistan vs Sheikh Abdul Hamid 13 DLR (SC) 100. Lawyers Involved: AKM Shafiuddin, Deputy Attorney-General, instructed by Mvi. Md. Wahidull......publication; the Rules shall have effect as if enacted in the Registration Act. Many departmental instructions and orders were issued by the Inspector-General from time to time and in Chapter XXIV Order No.310A (i) it is provided that the Inspector-General of Registration is the appointing and p..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......a and others vs. State, 43 DLR 633; Sarfraz Khan vs. Crown, 1953 PLD (FC) 317 = 5 DLR (FC) 280; Enayetullah and another vs. State, PLD 1966 (Lahore) 8; State vs. Lalu Mia, 39 DLR (AD)117. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advo......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....rliamentary form of Government, that the President acted malafide unlawfully leveling allegations of insubordination and mutiny against him, that without putting the petitioner on trial by a Court Martial for the offence of insubordination and mutiny he was released and later dismissed from serv...... Chowdhury, decided on 23-10-97, Writ Petition No. 6762 of 1997; Col. Md. Hasmat Ali vs. Government of Bangladesh, 47 DLR (AD) 1; Bangladesh vs. AKM Zahangir Hussain, 34 DLR (AD) 173. Lawyers Involved: AR Yousuf, Senior Advocate, instructed by Shamsul Haque Siddique, Advoca......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ..Category: Employment/Service Law | Date: | Hits: 77
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......he impugned judgment should be taken to be deleted lest it may create confusion in the mind of the subordinate Courts and the people at large……………(5) Lawyers Involved: MG Bhuiyan, Advocate-on-Record — For the Petitioner. Not rep...... Vs. Jesmin Sultana……………………...Respondent Judgment February 8, 1999. The Code of Civil Procedure, 1908 (V of 1908), Order XIV, rule 1 Learned judges of the High Court Division indulged in the discussion on po..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......l prevail over general law……. Article 34 of the BSRS Order being special law for the special purpose, no relief under the ordinary law in the form of temporary injunction is available….(13) Lawyers Involved: AKM Nazrul Islam, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-R......€¦â€¦â€¦â€¦â€¦â€¦â€¦. Appellant Vs Azir Uddin Chowdhury…………….Respondent Judgment April 29, 1998. Result: The appeal is allowed. The Bangladesh Shilpa Rin Sangstha Order, 1971 (President's Order No. 128 of 1972) Articles 33, 34 & 35 It is palpably clear tha..Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......owance at double the rate of their wages in excess of 38 ½ hours and 44 ½ unless they work for more than 48 hours a week. …………..(19 & 23). Lawyers Involved: Khalilur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Rec......ord — For Respondent Nos. 2-4 (In both the Appeals). Ex-parte — Respondent No.1 (In both the Appeals). Civil Appeal Nos. 41 and 42 of 1995. (From the Judgment and Order dated 23-6-94 passed by the High Court Division in Writ Petition No. 1617/91 (Dhaka)/Writ Pet..Category: Labour and Industrial Law | Date: | Hits: 134
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
....dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ...... region of around Taka seven lakhs. In view of such contradictory claim fixation of Taka one crore as bank guarantee for release of the ship cannot be interfered with…………..(4, 7 & 8). Lawyers Involved: Dr. M Zahir Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Reco......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......he High Court Division with his application the state of circumstance concerning the case and the High Court Division had complete jurisdiction to exercise such discretion……(7) Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, A......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ...... In awarding heavy cost the court should give some reason otherwise it may appear to be an arbitrary or indiscreet exercise of jurisdiction……………..(3) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md Sajjadul Huq, Advoca......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Property Law | Date: | Hits: 64
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......rty has been validly acquired for a public purpose and vested the same in the requiring body and even if the property be utilised for different purpose, the acquisition shall not stand void. Lawyers Involved: Serajul Huq, Senior Advocate (Rafique-ul-Huq, Senior Advocate with him) instruc......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......hmudur Rahman 34 DLR (AD) 61; Imambandi Begum vs. Kumleshwari Pershad (1886) LR 13 IA 160; Ram Narain vs. Mohainmad Hadi (1898) LR 26 IA 38; Jaydayal Poddar vs. Bibi Hazra (1974) 2 SCR 90. Lawyers Involved: MA Wahab Miah, instructed by Md. Aftab Hossain, Advocate-on-Record- For t......ab Hossain, Advocate-on-Record- For the Petitioner. Sharifuddin Chaklader Advocate-on-Record— For the Respondent. Civil Appeal No. 23 of 1996. (From the Judgment and Order dated 25 July, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 44 of 1986..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ......y and capriciously to the prejudice of respondent no. 1 when the project was approved by another lawful Government agency at an earlier point of time…………(6) Lawyers Involved: B Hossain, Advocate-on-Record — For the Petitioner. Rafique...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ..Category: Business or Commercial Law | Date: | Hits: 91
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......at the inadmissible evidence were relied upon as the courts below found that secondary evidence was given of those original documents………………(7) Lawyers Involved: Giasuddin Ahmed, Advocate, instructed by Aftab Hossain, Advocate-on-Recor...... Not represented — The Respondents. Civil Petition for Leave to Appeal No. 258 of 1993. (From the Judgment and order dated 23-5-93 passed by the High Court Division in Civil Order No. 1629 of 1993). Judgment Latifur Rahman J...Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......of Works, the defendant had no locus standi to challenge the plaintiff’s right in the suit property however defective it might be, is correct.…………(5) Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner. ...... Vs. Khandaker Mujibur Rahman………………Plaintiff Judgment May 21, 1995. The Code of Civil Procedure, 1908 (V of 1908), Order XIV rule 1 The finding of the High Court Division that the Ministry of Works having re..Category: Property Law | Date: | Hits: 69
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......; Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Law and Justice…… Respondent Judgment June 23, 1998. The Constituti......represented by Secretary, Ministry of Law and Justice…… Respondent Judgment June 23, 1998. The Constitution of Bangladesh, 1972 Article 68 The President’s Order No. 28 of 1973 President’s Order No. 28 of 1973 was specifically enacted in purs..Category: Constitutional Law | Date: | Hits: 152
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......sport Company 45 DLR 152; Falha Shipping Lines Ltd and another vs. Bangladesh Inland Water Transport Corporation and others 42 DLR 289; Haji Mohammad Suruj Miah vs. Haji Abul Hashem 20 DLR. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advoca......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
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